Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1887-01-14

] .USO
cumstances then existing, more money
tlan was Que Mclutosh.
a'NTosn's STORY.
Mr.. Tyler wanted SIR. Mcintosh 70 make
a Vcrhsi statement, but The Court declined
10 receive any testimony other than an ali.
davit Tyler then wrote statement
which Mcintosh signed claiming mat Cot
ton was no partner IN the Transaction; that
noagfeCment vas made rs tO the cost OI tae
work. and te presented bin for Gi5; that
Cotton knew nothing about the matter uG-
ti Mcintosh searched for him, and leit
word at his house that hls assistance WAS
needed; that Mcintosh bad never authorized
the payment Of any amounts eXocDl 3 ~
Nsnoni and $3.50 to Cotton. Mciuio.b
denicd having agreed to accept 81 for the
work dore.
Mg. TyLEg's AFFIDAVIT.
Nr. Tyler asked leave TO file an affidavit
himself and prcscntcd the following:
"Co,tom informed me that there had
never Iccn any understanding between
smith, Mcintosh, or himself as 70 amounts;
that be- was pert city satisfied that Mclh'
tosh would do him perfect justice, and au.
th0rlzc0 me 10 collect for both himself ana
Mclnto.h. Mr. Smith never claimed IN
NY nrcscGce that he had any understanding
With The parties, but simply alleged that
the agreement a. TO Sll was among the par
Tics. and that be had been 50 informed by
Cotton. Lyon G.. TYLER"
40 INJUNCTION GRANTED.
At thi. junciure Mr. Smith asked that the
case De continued until Monday saying TINT
having rec ivcd notice only ten minutes De-
fore the case came up, he had not time 10
secure he Attendance Of witnesses whose
iesiimong might be material. He said be
had had afother scatlold erected aud would
not touch ibi- one. Mr.. Tyler might per
soualH be- willing TO accept Mr.. Smiths as
,urauce that The scsiIold would not be used,
but az counsel for Mcintosh he opposed the
motion aud asked that the matter be con-
sidorod then.
Judge Uonadiy said Mr.. Smiths motion
vas useless. as no case had been made ont,
and be- directed the following order to be
entered:
The Court. upon reading the bill OF COM
plainant and the atiidavits OF James &.
smith, Edward Mcintosh, and Lyon o..
Tyler, Glcd in the papers. doth refuse TO
grant the Injunction prayed for 10 said Dill
An EntGrcsting InterVt1W,
Yesterday Sir. T. G. Norton, OF Stauu-
ton. called on CluYcrius and bad quite a
lonelhy tllk with him. During the con.
yeIsltion the prisoner sid he had not had
gir trial. and he wanted one. "That's
all | want. Jhr Commonwealth case Is
dropping 10 pieces every day"
eyes" put i'm MIR. Dunn, the guard,
thc case is dropping 70 pieces, and after
awhile there won't be any OF il left
When asked about his confession, Clu'
,criu, replied " ! haven't cot anything 10
confess" aud Dunn said, al see nh thIt
goes on In this cell, and I know that hc
tasn't made any confession. lie ought TO
have new trial.
"Wby:
"Eccgusp, for one thing, since the trial
,cyGal Of tue jurors have proved to b. in
oompcteui.'
"Wbat about throwing the girl over the
fence at the reservoir Z"
500 you think his little fellow could
hfow "a woman over that fencaY' ashaI
Mr. Dunn. .SWbv, when / first came
down here to guard Cluyerius ! thought ho
was biz. powerful man; aud my wife told
me to lc careful, so / pat pistol in mF
uockrt. When came down here and sa'y
and laughed heartily"
Mr.. Morton remarked: al hone, Cluyc'
rius, You are rcadyf"r what is comlns;'
IL try 20 be- wo, the reply.
Before leaving the prisoner urged Mr..
Morton TO see The Governor in his behalf
and try and get q TcpuCyc. Mr. Nor on
promised hc would, and when he left the
Jail hc vert to the Executive Mansion.
Finding the Governor in he laid the case
before him. IL was up this morning until
= o'clock considering the paper, presented
to me la,t night. but I have not yet reached
conclusion. I am thoroughly satisfied Of
the prisoners guilt" said the Governor
Tie Governor then went over all toe
facts in the case. with which he seemed
r,rfectly iai"iliar. "Thc mIn started ont
with q lie, aud be has lied all through the
ease. There j. not break I'm the whole
chain Of evidence" The Governor ll-o
rcferItd 60 the fence nj The reservoir. over
vlich, he was inclined to think. Lillian
Madison could not have gotten without as
.i,iunce. "Thcre is no place for her Opni
hrr foot, aud CluvcTius either threw her
oyu. or Size wanted 10 commit suicide, and
he helped hcr 10 do it."
The Governor said he was in possession
of no new fact, about the ease, but that nc
was going to take 4 drive with Hon. John
". Daniel in the afternoon TO the reservoir
and 90 over the ground again.
Ers Governor ReVlsits Ths Res0rvoir.
When this case Grst came before The
Governor he made visit TO the reservoir
crom dS. that he might acqu int himself
with the locality, ana thus be able to study
The record more intelligently.
"A ff Ia al a h.f g.
himself with all The details OF the evidence.
hi, conclusions were announced some
week, AGO. lie could see no reason at all
To interfere with the course OF the law be.
yond q respite to give the prisoner time for
spiritual preparations. From bis re.
searches the verdict WIS justified bv the
evidence, and no reason appeared for
the Executive setting aside the judgment
found hy Jury OF twelve men, approved
by judge Atkins, aud affirmed 10y four out
Of five members of the Court OF Appe llS,
who had the case in their hands year C1
more after the accused was tined.
Yesterday, however. the Governor, with
Hon. John w. Daniel, Attorncy.General
Ayers, and Mr. Meredith, drove ont 10 the
reservoir. and by appointment met there
McssIs. Lucas, Tranbam, and Hutchinson,
tie " itneSse, n no testified rs 10 the tracks
on the ditch. bank and on the grayelied
walk.
The information derived from these gem
tltmen was that the tracks were seen before
tie crowd began to gather; that they were
The tracks evidently OF man and wo-
man (Nho probably walked arm. .and-armh
the man being nearest to the ditch; that iDe
iplprcs>ions were clear and distinct in the
wet rcd cl9y, and that on the grayeUed
WalkWay on top OF the emhanknent there
WCe numerous footprints both OF the man
and the woman. and that there had been "a
struggle was evident.
Mr.. Bev. Crump approached the Cover
nor al 10 O'Clock last night urging further
reurieye, but the Governor said that so far
nothing had been presented TO him war.
fanting bin to take any further steps. II Is
believed that ne will take none unless some
thing stronger than anything yet presented
10 hiIn is advanced to show that prisoner is
entitled to 2 further stay OF the death SEN
tCnce.
Mr.. CIunp was at work with his might
very late lkL night, hoping TO secure some
feet that would influence the Governor.
lime of the Execution.
The execution will take place between
- aud O'Clock. II is not known publicly
who will spring the trigger. The City
ScrgCart's deputies all have sealed mouths
on The subject. When asked about 1t eaco
one would say: 81 don't know; we are
all going to have something to do with the
execution